I am a CA with over 35 years experience both in Industry and Practice with experience in Indirect Taxes, GST with appearances upto Tribunal level. Also appear for hearings before Electricity Regulatory Commissions on behalf of Power Distribution companies for presenting and explaining their ARR & ERC and Truing up figures for determination of Tariff
Showing 1 to 8 of 8 Results
Issue Id: 114256
Is a Government SEZ Authority formed by Act of parliament required to deduct TDS or would it be excluded under the proviso to Section 51 ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 112149
Please clarify how traders would be billing from 1-7-2017. What would be the CGST and SGST ?? Is it 50% each? As of now hardly any small traders are ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 107642
It is a known fact that an assessee can revise a return within 90 days. The question is whether the assessee is allowed to further revise a ...
Read Full Issue Service Tax
Issue Id: 4959
In some cases mostly in case of medium scale service providers it happens that there are service tax dues which are discovered when the ...
Read Full Issue Service Tax
Issue Id: 2211
There are decided Tribunal cases on this issue where the Tribunal has held that incentives/discounts given by media companies to an Advertising ...
Read Full Issue Service Tax
Issue Id: 1998
The recent amendment in the scope of "Port Services" virtually means that any service rendered inside the port premises would be chargeable under ...
Read Full Issue Service Tax
Issue Id: 1957
I find that service tax is being charged on interest on credit card payments by banks. In my opinion there is no element of service involved in ...
Read Full Issue Service Tax
Issue Id: 1811
Would services provided for the construction of Post office building fall under " Commercial or Industrial Construction Service" given that Post ...
Read Full Issue Service Tax
213 Replies on 154 Issues
Issue Id: 117755
What are the procedures and conditions to be followed while filing GSTR-1 & GSTR 3B by an SEZ unit. Your detailed reply will be highly ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114733
Dear Expert As per amendment in Section 17(5)(b) CGST Act, 2017 as amended by the CGST (Amendment) Act, 2018 w.e.f 1st February, 2019, allows ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114714
Please tell me that in your Software, whether the Income Tax, GST and Companies Act Sections provide Links to related Rules / Notifications / ...
Read Full Issue Income Tax
Issue Id: 114713
With Reference to above we have to state that one of our Client is engaged in business of Construction and repairing work of Port Jetty. He has been ...
Read Full Issue Service Tax
Issue Id: 114669
I have returned from abroad and have stayed for more that 182 day in India between 1st April 2018 to 31st March 2019 (so technically a resident).Need ...
Read Full Issue Income Tax
Issue Id: 114658
Please tell about Rate of Tax and HSN Code of Wastage known as Gad which is wastage of oil when caustic soda is mixed with oil manufactured from ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114640
Land owner entered into Joint Development Agreement(JDA) on 28/06/2016 with developer of residential plot. As per agreement payment is made to land ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114635
Dear Sir,We are doing business of IT export services in Mohali, Punjab. Our company has taken 'Acceptance of Bond' letter from Central excise ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114629
I wanted to open HUF in name of my father & my mother as second member. Is there any need of any gift or will or ancestral property or i can ...
Read Full Issue Income Tax
Issue Id: 114625
A GST registered person gives away commercial space to a trader by taking quite a large amount as refundable deposit. The understanding is the trader ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114623
After uploading of invoices by supplier (seller in his GSTR-1 return), details are reported in recipient's GSTR-2A. How to lock / freeze the ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114621
Petroleum Companies pay incentives (sort of quantity discount) for dealers, depending on their off take.Are dealers liable to pay GST on such ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114620
Dear expert,We are manufactures of chemicals. We sale our products in drums as well as in tanker. Now our drum filling machine is out of service. To ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 114494
XYZ (Manufacturer) is procuring material and giving it to a outside contractor for carrying out various fabrication, repair and maintenance jobs ...
Read Full Issue Service Tax
Issue Id: 114318
Dear Sir,We have imported and bonded the goods to be used at our Maharashtra Plant & now we want to transfer these bonded goods to our own SEZ ...
Read Full Issue Customs - Exim - SEZ
Issue Id: 114256
Is a Government SEZ Authority formed by Act of parliament required to deduct TDS or would it be excluded under the proviso to Section 51 ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 113312
Dear AllWe are supply the goods under exemption items. As it is come under exemption we are also not taking any input on purchase items. my problem ...
Read Full Issue Goods and Services Tax - GST
Issue Id: 107642
It is a known fact that an assessee can revise a return within 90 days. The question is whether the assessee is allowed to further revise a ...
Read Full Issue Service Tax
Issue Id: 105749
We have two Proprietory concern situated at two different place under one proprietor. Out of two concern one is registered under Service tax Act. now ...
Read Full Issue Service Tax
Issue Id: 105700
Hello sir/ma'am,Earlier, a scheme on Critical Infrastructure Development Project was implemented by Gujarat Government on PPP mode. In this scheme, ...
Read Full Issue Service Tax
Showing 1 to 15 of 15 Results
Central Bank Digital Currency proposal could shift currency distribution to state-managed digital wallets and impact payment systems.
The article explains the Reserve Bank of India's proposal for a Digitised Rupee as a form of Central Bank Digital Currency where digital currency units are held in wallets and transferred peer-to-peer. It contrasts private wallet ecosystems with state-distributed wallet models, cites China's pilot using selected banks and telecoms with mixed central and blockchain records, and frames CBDC adoption as aimed at reducing private-wallet dominance, countering private cryptocurrencies, and preserving sovereign currency competitiveness. (AI Summary)
Budget - Tax Proposals
Going concern assessment requires management to evaluate continuity risks and disclose material uncertainties amid the pandemic.
Going concern assessment requires management to judge whether an entity will continue in business for the foreseeable future, considering at least twelve months of information and factors such as profitability, financing access, debt repayment, supply chain and market risks, and to disclose material uncertainties that may cast significant doubt; auditors must evaluate management's assumptions and perform their own risk assessment, with heightened conservatism expected amid the pandemic. (AI Summary)
Accounting - Auditing
Interest on delayed GST payment should be limited to net tax after input credit under the clarificatory proviso.
Demand notices claiming interest on delayed GST payment computed on gross liability before availment of Input Tax Credit are challenged by the view that the proviso inserted by subsequent finance legislation is clarificatory and retrospective, confining interest to the cash portion of tax after accounting for ITC; where the Department already holds equivalent credit, there is no deprivation warranting interest, making demands on gross tax legally questionable. (AI Summary)
Goods and Services Tax - GST
Cap on input tax credit linked to supplier reporting restricts purchaser claims and shifts reconciliation burden to buyers.
The amendment caps input tax credit availment to amounts reflected by suppliers in the purchaser's electronic inward supplies record plus a limited buffer, making credit dependent on supplier invoice uploads. While targeted at curbing collusive fraud, the rule shifts the compliance burden onto purchasers, potentially denying credit to bona fide buyers where suppliers delay, misreport, or omit filings. Administrative fixes proposed include a purchaser data entry and backend matching mechanism, mismatch notices to sellers with demand and objection procedures, and filing sequencing to encourage timely supplier uploads, thereby protecting legitimate credits and exposing spurious invoicing. (AI Summary)
Goods and Services Tax - GST
Input tax credit matching requirement limits credit where supplier return details are not uploaded, affecting bona fide purchasers.
The Sixth Amendment to the Central GST Rules conditions availability of Input Tax Credit on suppliers having uploaded invoice/debit note details in their returns and caps the credit claimable for invoices not uploaded by suppliers to a prescribed proportion of eligible credit. This imposes on bona fide purchasers an obligation to verify supplier return reporting before claiming full credit and raises operational questions on timing, periodicity and treatment of suppliers filing returns quarterly. (AI Summary)
Goods and Services Tax - GST
Zero-rated supply eligibility for upstream suppliers could relieve MSME working capital burdens and simplify export supply chains.
The GST regime limits zero-rated supply and LUT-based duty-free treatment to primary suppliers to exporters or SEZ units, forcing downstream MSME and small-scale suppliers to charge GST and rely on refund processes, causing working-capital strain. The author proposes extending LUT eligibility to secondary suppliers by mapping GSTINs across the supply chain and obtaining purchaser confirmation of supplier names, items and HSN codes, together with indemnity bonds from secondary suppliers to safeguard against abusive claims. (AI Summary)
Goods and Services Tax - GST
Zero rated supplies to SEZs permit supplier LUT or IGST-and-refund routes, but practical compliance barriers prompt suppliers to charge IGST.
Section 16 of the IGST Act treats supplies to SEZs as zero rated, allowing input tax credit and refunds; suppliers may either furnish a Letter of Undertaking or bond to supply at zero rate or pay IGST and claim refund. Notification 16/2017 prescribes LUT eligibility and formalities and a bond with bank guarantee applies where LUT conditions are unmet. In practice many suppliers charge IGST rather than follow LUT/bond procedures, forcing SEZ units to pay IGST and await refund contingent on supplier compliance. (AI Summary)
Goods and Services Tax - GST
Zero-rating exclusion of EOUs increases working capital needs as GST on inputs must be paid upfront delaying refunds.
Exclusion of Export Oriented Units from zero-rating forces EOUs to pay GST on inputs upfront while refunds under the CGST procedure are delayed by required filings and credit ledger processes, creating a working-capital and interest burden; parity with SEZ zero-rating or relief via rebate/drawback is proposed to prevent upfront taxation on inputs and ease cash-flow pressures. (AI Summary)
Goods and Services Tax - GST
Place of supply rules determine IGST or local tax for works contracts, affecting registration and input credit across states.
The note addresses how IGST place of supply rules apply to works contracts: goods delivered on a third party's direction can be deemed received at the principal place of business under Section 10(1)(b), producing IGST treatment and enabling the contractor to claim credit at his principal place; whereas where supplier location and place of supply coincide the sale is intra state. Services in a works contract may be taxable at the location of the immovable property, with practical implications for registration, stock records, e way bills and allocation of tax between states. (AI Summary)
Goods and Services Tax - GST
Electronic service tax return acknowledgement failures lead to unrecognized rejections and require status checks and corrective refiling.
Systemic defects in electronic filing caused XML uploads to be rejected without email notification of rejection or reasons, leaving assessees unaware that returns were not accepted. Affected taxpayers must view XML status, correct defects and refile when necessary. The administration reprocessed returns rejected solely because the return period preceded registration and marked them as filed; rejections for other causes still require corrective action. Operational problems include inability to download printed ST 3 records despite a filed status and uncertainty about late filing penalties after administrative reprocessing. (AI Summary)
Service Tax
TDS exemption via Form 15G/15H: submit eligible annual declarations to prevent tax deduction on interest income.
Rule 29C permits furnishing Form 15G or Form 15H in duplicate to request no TDS on interest; banks and post offices record the form and pay interest without deduction. Incorrect filing can attract payment of interest on tax due and penalties. Form 15G is for non senior citizens whose estimated final tax is nil and whose aggregate interest does not exceed the basic exemption limit; Form 15H is for senior citizens. The forms must be filed annually, preferably at the financial year start to avoid interim TDS and refund procedures. (AI Summary)
Income Tax
Increase in interest rates raising bank credit risk; extend repayment tenors and restructure loans to align debt service with cash flows.
Rising interest rates are increasing borrower debt-service burdens and driving an uptick in Nonperforming Assets, especially for new units whose projections assumed lower rates. The suggested response is targeted Loan Restructuring, principally extending repayment tenors to align cash-flow capacity with debt service and permit banks to realize loans and interest over a longer horizon, with a call for restructuring mechanisms that assist smaller and newer borrowers as well as large corporates. (AI Summary)
Corporate Laws / IBC / SEBI
Departmental noncompliance with binding tribunal precedents fuels unnecessary tax litigation and administrative inefficiency.
Departmental officials routinely issue show cause notices and sustain pro-revenue orders without applying settled tribunal precedents, causing needless litigation; in the service tax context concerning material-value deductions for photography services, tribunals have repeatedly ruled for taxpayers and described the issue as no longer res integra, yet the department continues to pursue identical demands. (AI Summary)
Service Tax
Endemic corruption undermines public governance and accountability, prompting urgent calls to protect public funds and vulnerable citizens.
Endemic corruption and the misuse of public funds threaten governance and public morality, marked by appropriation of state resources, pervasive graft, routine falsehoods, and redirected ambition toward corrupt enrichment. This corruption empowers the powerful to oppress the weak, neglect the poor, and erode public trust and accountability, prompting an appeal for restoration of integrity and protection of public funds and ordinary citizens. (AI Summary)
Other Topics
Interest on credit card late payments not taxable as service; service tax applies only to explicit fees and charges.
Interest and finance charges on delayed credit card payments are elements of lending and fall under banking and financial services; interest charged on loans is excluded from taxable value under the service tax valuation rules, so service tax cannot be imposed on interest payments, only on explicit fees such as administrative charges, processing fees, commissions or other service charges. (AI Summary)
Service Tax